Medical examination is not a proof, if a girl is minor as per her birth certificate, says Allahabad Court

Background
The girl acknowledges that she has married her husband named Pintu with her own free will she does not want to live with her parents.

The judicial magistrate at Hapur has directed the girl to go along with her husband.

Present matter
The father of the girl has challenged the Judicial Magistrate order to the high court of Allahabad, stating that since she is a minor no one can be allowed to live with anyone against the will of the father as he is the Natural guardian of the girl and also that marriage to a minor is void.

Contention of the girl
1. The girl tried to prove that she has attained the age of majority through a medical examination

2. The girl has also shown her desire to stay with her husband and has refused to stay with her parents.

Observation of the Court
1. The girl will not be able to prove that she has attained the age of majority through a medical examination since official documents existed to confirm her age as being 16, and as such, her marriage would also be considered void under Section 12 Of the Prohibition of Child Marriage Act, 2006.

Decision
Justice J.J. Munir decided that she be housed in a safe house or in a safe home or a shelter for now until she attains the age of majority, and once she attains the age of majority she is free to live where she wants and stay whomsoever she wants.

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